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Law No. 134 Of 21 July 2000 Concerning Industrial Parks

Original Language Title:  LEGE nr. 134 din 21 iulie 2000 privind regimul parcurilor industriale

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LEGE no. 134 134 of 21 July 2000 on the industrial parks regime
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 346 346 of 25 July 2000



The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 (1) The present law regulates the regime of establishment and operation of industrial parks. (2) The industrial parks are strictly territorial delimited areas, within the perimeter of which are carried out investment, industrial production and related services, in a regime of specific facilities. + Article 2 (1) Industrial parks are intended to stimulate economic and social development, the realization of technological transfer, the attraction of investments and the valorization of human resources of the area. (2) The establishment of the industrial park regime shall ensure the commercial companies operating within its perimeter the access to the infrastructure necessary to carry out economic activities. + Chapter 2 Institutional framework + Article 3 The National Agency for Regional Development is the specialized body of the central public administration, which, in order to promote and establish the industrial park regime and the management of the resources necessary for its development, has the following tasks a) analyze and approve the proposals for the establishment of industrial parks; b) manages all budgetary and extra-budgetary funds for the development of industrial parks; c) establishes, in accordance with the provisions of the methodological norms for the application of this law, the specific criteria for granting the funds mentioned in lett. b); d) periodically organize selection contests for the granting of financial funds; e) monitor the use of funds granted for the development of industrial parks; f) analyze and evaluate the reports elaborated by the holders of the industrial park title and, if applicable, may decide to withdraw it, in the situations provided in art. 16 16; g) collaborates with ministries, other specialized bodies of central public administration, local public administration authorities, chambers of commerce and industry, with organizations aimed at supporting development regional and small and medium-sized enterprises, as well as independent experts to analyse proposals for the creation of industrial parks and to identify opportunities for the creation of new industrial parks; h) submits to the Government, for approval, draft normative acts on the development of industrial parks. + Article 4 In order to develop industrial parks, the National Agency for Regional Development manages the funds from the following sources: a) the amount approved annually by the state budget law, as a distinct position, allocated from the special funds available to the Government; b) funds allocated under the PHARE Program and Structural Funds, which will be provided to Romania by the European Union; c) non-reimbursable financial assistance d) other sources of funding. + Chapter 3 Establishment and operation of industrial parks + Article 5 ((1) The initiative of establishing an industrial park may belong to the local public administration authorities, chambers of commerce and industry, employers ' and professional associations, as well as public limited companies based in Romania, Having as its sole object the administration of industrial parks. (2) The substantiated proposal for the establishment of an industrial park shall be submitted by the initiators to the analysis of the National Agency for Regional Development. (3) The expenses related to the analysis and evaluation of proposals will be borne by the initiator The maximum level of these expenses will be established by order of the President of the National Agency for Regional Development, until November 30 of the previous financial year. The amounts collected in accordance with this paragraph, not used in the current execution, shall be carried over to the following year. (4) The award of the title of industrial park is made by order of the President of the National Agency for Regional Development for all initiatives that meet the conditions provided in art. 6 and 7, within 90 days from the registration of the foundation proposal submitted in accordance with the provisions of par. ((2). (5) The title of industrial park shall be valid for the duration, within the perimeter and under the conditions specified in the order of the President of the National Agency (6) The duration of the industrial park will be at least 25 years and will be determined according to the objectives pursued by the national economic development program. + Article 6 The title of industrial park is awarded to any commercial company on shares, based in Romania, having as its sole object the administration of industrial parks, which cumulatively meets the following minimum conditions: a) hold the title of ownership or use, for a period of at least 25 years, on the land related to the industrial park; b) to present a feasibility study and a business plan for at least 3 years, regarding the exploitation of the industrial park; c) the number of legal entities that will operate in the industrial park, according to the legal documentation of intent or commitment, to be at least 5, and following the development of specific activities to be created, in a period of years, a total of at least 300 new jobs; d) submit an environmental review covering the obligations to be fulfilled for carrying out activities in the industrial park, in full compliance with the legal requirements in force on environmental protection; e) to present the agreement, valid during the operation of the industrial park, of the local council, of the county council, of the General Council of the Municipality of Bucharest, as the case may be, as well as the agreement in principle of regional on the economic and social development program proposed for obtaining the title of industrial park, for carrying out specific activities, respectively implementing regional objectives. + Article 7 The title of industrial park cannot be obtained by those companies which are in one of the following situations: a) are in the procedure of voluntary or legal dissolution, liquidation, judicial reorganization or bankruptcy; b) have not fulfilled the obligations, previously assumed, in the exploitation of another industrial park; c) have arrears to pay taxes, fees and other amounts due, as the case may be, to the state budget, local budgets and special fund budgets. + Article 8 (. The holder of the industrial park title shall have the following obligations: a) to carry out and exploit the industrial park in accordance with the feasibility study and the business plan, presented in the tender documentation, and in compliance with the conditions specified by order of the President of the National Agency for Regional Development, issued in accordance with art. 5 5 para. ((4); b) to submit, by March 31 of the following year, an annual report on the activity of the industrial park; c) to submit, if they receive funding from budgetary and extra-budgetary funds for the development of industrial parks managed by the National Agency for Regional Development, quarterly, until the 25th of the following month, financial reports and, annually, until 31 March of the following year, an audited report on how to use them. (2) The owner of the industrial park title has the right to represent the economic agent who operates in the industrial park to obtain the necessary opinions to carry out the specific activities. + Article 9 (1) By way of derogation from the legal provisions, the public or private property of the state or of the administrative-territorial units, included in the site of the industrial park, shall be leased, respectively underleased or rented, respectively sub-lease, by direct entrustment. (2) In the case of sub-concession or sublease, according to par. (1), as an exception to legal provisions, the consent of the owner is not necessary. + Article 10 ((1) The exploitation of the industrial park is carried out through commercial contracts, concluded between the holder of the title and the beneficiaries of the specific activities that may develop, Romanian or foreign legal entities, selected, if applicable, by auction public. (2) The owner of the industrial park title can ensure the entrepreneurship of construction-assembly and commissioning, repair and maintenance of objectives, provide public services and utilities, as well as the related services conduct of parks activities. (3) In order to promote, at the request of the National Agency for Regional Development, the holder of the industrial park title has the obligation, without denying the interests of the beneficiaries, to present the industrial park as a reference for possible investors. + Chapter 4 Facilities + Article 11 Economic agents operating in the industrial park benefit from the following facilities: a) exemption from the payment of customs duties and the value added tax of import for machinery, machinery, installations, equipment, means of transport, tools and agricultural machinery, other depreciable goods necessary for carrying out and running investment; b) exemption from the payment of customs duties and the value added tax of the import of raw materials and materials, spare parts and components used for the construction, repair and maintenance of objectives in the territory of the park; c) exemption from the tax on reinvested profit in the modernization of technologies, development of industrial infrastructure, support of investment objectives within the industrial park, for a period of 5 years from its establishment; d) co-financing, with or without repayment obligation, from the funds for the development of industrial parks, up to the limit of 25% of the investment value necessary to continue the infrastructure works and to ensure the utilities in the park industrial, except for external financing, in which case the limit of the co-financing is determined by the external financier; e) facilitations from the payment of local taxes and fees, based on the decisions of the local and county councils on whose administrative-territorial area the industrial park is located, for a period of no more than 5 years; f) chambers of commerce and industry will ensure, in collaboration with the competent public institutions, obtaining approvals, authorizations and operating licenses, necessary to carry out the activity in industrial parks. + Article 12 The holder of the industrial park title benefits from all the facilities provided in art. 11, as well as exemption from the payment of the tax for the use of state property land, for purposes other than for agriculture or forestry, and exemption from the payment of fees charged for the modification of the destination or removal from the agricultural circuit of land for investment. + Chapter 5 Transitional and final provisions + Article 13 By way of derogation from provisions art. 1 1 of Law no. 84/1992 on the regime of free zones, in industrial parks, by Government decision, the free zone regime can be established, if the companies operating within their perimeter carry out production and/or services intended solely for export. + Article 14 (1) The total or partial use of the amounts allocated by the National Agency for Regional Development to the holder of the industrial park title, without respecting the destination and the deadlines for which they were granted, shall be found by the bodies ability control, according to the law. (2) The amounts referred to in par. (1) shall be returned in double amount, within 60 days from the finding by the control bodies of the change of destination of the funds, respectively from the withdrawal of the title of industrial park, in accordance with the provisions of art. 16, during which the insurer seizure is established, as a matter of urgency, in favour of the National Agency for Regional Development. + Article 15 (1) If the beneficiaries of the facilities in the industrial park voluntarily liquidate the investments or cease the specific activities, in a period less than double the period in which they benefited from them, they will pay as a priority the amounts related to the facilities granted, in accordance with the provisions of this law to the respective budgets, plus the interest rates and the late increases provided by law. (2) The taxes and fees payable shall be paid from the results of the liquidation of investments or from other rights due to shareholders. + Article 16 (1) The National Agency for Regional Development may withdraw the title of industrial park, if its holder is in one of the following situations: a) does not realize the objectives and conditions established by the order of the President of the National Agency for Regional Development, issued in accordance with the 5 5 para. ((5); b) does not meet the minimum conditions provided in art. 6 6; c) does not comply with the destination and deadlines for the total or partial use of the amounts allocated from the funds intended for the development ((. The facilities granted to the beneficiaries shall cease on the date of the withdrawal of the title, unless it has been withdrawn for reasons beyond one or more beneficiaries. In this latter case, the respective beneficiaries will continue to enjoy the facilities granted in accordance with the provisions of this Law, for the duration mentioned in the order of the President of the National Agency for Regional Development, through which the establishment of the industrial park was approved. + Article 17 The provisions of this law also apply to computer technology development parks. + Article 18 Failure to comply with the provisions of this law attracts administrative, civil or criminal liability, as appropriate, according to the legal provisions + Article 19 Within 60 days of the publication of this law in the Official Gazette of Romania, the National Agency for Regional Development will develop the methodological norms for the application of the law and submit them for approval to the Government. + Article 20 This law shall enter into force 60 days after the date of publication in the Official Gazette of Romania, Part I. On the same date, any provision to the contrary shall be repealed. This law was adopted by the Senate at the meeting of June 19, 2000, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, NICOLAE VACAROIU This law was adopted by the Chamber of Deputies at the meeting of June 20, 2000, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VASILE LUPU ----------